What was Tsilhqot'in Nation v. British Columbia (2014)?

Tsilhqot'in Nation v. British Columbia is the 2014 Supreme Court of Canada decision that issued the first declaration of Aboriginal title in Canadian history. The unanimous 8-0 decision affirmed the trial judgment of Justice David Vickers of the British Columbia Supreme Court and granted a declaration of Aboriginal title to about 1,750 square kilometres of Tsilhqot'in (Chilcotin) territory in central British Columbia. The decision operationalised the Delgamuukw v. British Columbia (1997) framework and set the modern standard for Aboriginal-title claims.

The Tsilhqot'in claim originated in the 1980s in opposition to commercial logging in their territory. The federal government and the British Columbia government both opposed the claim throughout the trial and appellate process. The trial heard evidence from 2002 to 2007 and concluded that the Tsilhqot'in had Aboriginal title to about 1,900 square kilometres but the trial judge declined to issue a formal declaration. The British Columbia Court of Appeal narrowed the territorial finding significantly. The Supreme Court of Canada restored most of the trial finding, issued the declaration, and clarified the law in important ways.

Chief Justice Beverley McLachlin's reasons confirmed the test for Aboriginal title set out in Delgamuukw: sufficient occupation at the time of British sovereignty assertion, continuity of occupation between sovereignty and the present, and exclusivity of historic occupation. The court held that occupation can be demonstrated by regular and exclusive use of the territory for hunting, gathering, fishing, ceremonial, or other Indigenous purposes; physical occupation is not required throughout. The court rejected the British Columbia Court of Appeal's narrow 'site-specific' approach in favour of a territorial approach.

Aboriginal title carries substantive rights including the right to decide how the land is used, the right of enjoyment and occupancy, and the right to economic benefits derived from the land. The Crown must obtain Indigenous consent for activities on Aboriginal-title land; in the absence of consent, the Crown can proceed only by demonstrating a compelling and substantial public objective and meeting the Sparrow justification standard. The 2014 decision has shaped duty-to-consult jurisprudence, resource-development consultation, and modern treaty negotiations across Canada including the British Columbia Treaty Process, Quebec's Paix des Braves, and Yukon, Nunavut, and Northwest Territories land-claims agreements.